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Federal Court Denies Confirmation of CIETAC Award, Finding No “Agreement in Writing” Under New York Convention

Call it the “Comma Clause” of the New York Convention.   Article II(1) of the Convention requires each Contracting State to recognize an “agreement in writing” for arbitration. And Article II(2) — the Comma Clause, for this discussion — states: “The term ‘agreement in writing’ shall include an arbitral clause in a contract or an arbitration […]

Security for Costs: Dealing with Manipulation in the Arbitral Process

Security for costs is scarcely the most popular partner on the arbitration dance floor. Derains and Schwartz note in their treatise on the ICC Rules, for example, that ICC arbitrators have ordered parties to provide security for costs, although such cases are “exceptional.” They observe that the ICC Rules do not expressly provide for security for […]

Ninth Circuit Confirms Judicial Power to Issue Injunctions in Aid of International Arbitration

Not so long ago, there was controversy among federal courts in the United States about whether the New York Convention ousted the courts of jurisdiction to provide injunctive relief in aid of international arbitration. Just as that issue was sorted out in favor of judicial power to grant provisional relief, controversy arose over whether institutional […]

Second Circuit Clarifies Principles on Replacement of Resigned Arbitrator

A new decision of the US Second Circuit Court of Appeals holds when a vacancy on an arbitral tribunal occurs due to resignation of an arbitrator, and the parties’ agreement does not address that situation, a district court has broad discretion under Section 5 of the Federal Arbitration Act in deciding how the arbitration shall proceed. […]